[A1630/7/98]¹

Missives and instructions regarding the fishing

The which day William [Graham], earl of Strathearn, president of his majesty's council, produced the missive letters and instructions underwritten before the lords of privy council, of the which the tenor follows:

Charles Rex, right trusty and right well-beloved cousin and councillor, right trusty and well-beloved cousins and councillors and right trusty and well-beloved councillors, we greet you well. Whereas by our other letters and patents that are sent to you we have acquainted you with the progress of what does concern the work of the general association for fishing, and have given you our further directions relating thereto, whereof we expect a speedy account from you, there are yet several propositions for the advancement of that work which we have thought fit to recommend to your consideration by our right trusty and right well-beloved cousin and councillor, [William Graham], earl of Strathearn; and it is our pleasure that, according to the propositions, or as you and the council of the said association for that our kingdom shall best resolve upon for conducing to the beginning and advancement of this great work, you proceed accordingly and with all acquaint us therewith by the said earl. Which specially recommending to your care, we bid you heartily farewell. From our court at Beaulieu, 15 August 1632.

Charles Rex, instructions given by his majesty to [William Graham], earl of Strathearn to be communicated to the council of Scotland regarding the advancement of his majesty's royal work of the fishings of Great Britain and Ireland. Beaulieu, 15 August 1632

You shall recommend to their consideration the act of parliament made by his majesty's predecessor the late King James IV, parliament 4, chapter 49, regarding the putting out of bushes by the nobility, gentry, burghs and others of that his majesty's kingdom of Scotland, and in his majesty's name to require them to use their best means and endeavours that the same be put in execution for the advancement and continuing of the bush fishing.

You shall recommend to their consideration how necessary it is for the isle fishing that plantations be made in the most commodious places of the isles, and therefore to condescend upon the places where the same shall be and of the means how the same shall be continued and brought to perfection.

You shall recommend to them the taking of sufficient surety of the landlords of the isles and lochs of the continent next adjacent to the same for indemnity of the fellows of the society of the said fishings in their persons, ships, boats, goods and fishings from all kind of oppression and violence for themselves and vessels and other inhabitants in those bounds.

That they discharge all the landlords of the isles and lochs next adjacent to the same where the fishings are, and their vassals and tenants, from uplifting and exacting from the fellows of the said society, their fishers and servants or others of our subjects fishing there of any other duty, impost, sums of money or other casualty whatsoever than is warranted by us and our predecessors' grants. And to this effect that, proclamations be made with all possible diligence intimating this his majesty's pleasure to them and all others whom it does or may concern.

That they cause an exact trial to be taken of all customs duties or other impositions whatsoever paid to his majesty or any his subjects within that kingdom upon whatsoever pretence by the fishers thereof, and of the warrants and grounds of the same.

That they cause order be taken for removing of all strangers repairing to our isles for fishing and others trading there against the laws of that kingdom, and specially in Lewis and Shetland, and see the acts of parliament made relating thereto put into execution.

That they cause such order be taken as that all the fellows of the said society, as well natives of that kingdom as others of his majesty's subjects of England and Ireland, repairing either to the isles, lochs or seas of that kingdom for fishing in these places where they are lawfully authorised, be kindly and well used and by all means encouraged to prosecute the said work.

That they inform themselves in all things that may tend to the advancement of the said work and send to his majesty their advice in writing, as well in the particulars above-written as in all other things offered to their consideration by you and the remainder of the committee of the fishing of that kingdom, and return the same with all diligence by yourself at the time prefixed by his majesty.

[A1630/7/99]²

Charles Rex, right trusty and right well-beloved cousin and councillor, right trusty and well-beloved cousins and councillors and right trusty and well-beloved councillors, we greet you well. Whereas in the charter granted by us to the Company of the General Fishing of Great Britain and Ireland we have given liberty to fish in the seas of all our dominions, saving such places as for the necessary use of the natives we should particularly reserve and declare by our proclamation, as by the said charter may appear, understanding that many of our subjects dwelling upon the bounds adjacent to the rivers and firths of Forth and Clyde have been at all times heretofore, and still are at some seasons of the year, chiefly maintained by the fishings thereof as serving for their necessary use, so that they can hardly subsist without the same, it is our will and pleasure and we do hereby expressly declare that none by virtue of the general association for the said fishing shall fish between St Abb's Head and Red Head, or in any place within that firth, and for Clyde that none fish between the Mulls of Galloway and Kintyre, or in any place within the same, except the natives according to the ancient custom. And this you cause publish by proclamation at all places thought necessary by you for that purpose, which we will that you cause put upon record that all our subjects both now and hereafter may take notice of our pleasure herein. Which specially recommending to your care, we bid you farewell. From our court at Oatlands, 31 July 1632.

[A1630/7/100]³

Charles Rex, right trusty and well-beloved cousin and councillor, right trusty and well-beloved cousins and councillors and right trusty and well-beloved councillors, we greet you well. Being informed of the great wrongs done by strangers inhabiting Lewis and repairing thereto in trading and fishing there against the laws of that our kingdom, and how that upon a former complaint made to you thereupon by our free burghs, a decreet was given by you against [William Graham], earl of Seaforth, whereby he was ordered to bring in these strangers before you that a course might be taken for causing them to observe our acts of parliament provided in those cases. Our pleasure is that you cause your said decreet to be put in execution and the strangers censured for their transgression, both in trading or fishing against the laws, or for transporting of forbidden goods, for non-payment of our customs, or for sailing from thence without cocket, causing them find sufficient surety for abstaining from the like in all time coming; and that you give order to the inheritors of the isles not to suffer any stranger to trade or fish within the same, using your best and readiest endeavours that the whole fishings be reserved for the use of the natives and subjects who are free of the society of new erected by us, whereby they may be encouraged to set forward in so great and hopeful a work whereof we are pleased to take upon us the protection. Which specially recommending to your care, we bid you farewell. From our court at Oatlands, 14 July 1632.

[A1630/7/101]⁴

Charles Rex, right trusty and right well-beloved cousin and councillor, right trusty and well-beloved cousins and councillors and right trusty and well-beloved councillors, we greet you well. Whereas we are informed that the fishing off Ballantrae does very much hinder the plenty of herring fishing in the west coasts of that our kingdom and isles thereof, and those parts of Ireland opposite thereto, by destroying the fry of herrings at unseasonable times, which (as we are informed) if they were spared might produce such plenty in all these coasts as might very much advance the intended work of fishing now established by us for the general good of all our dominions and specially of those parts; therefore our pleasure is that you cause proclamation to be made discharging the unseasonable fishing thereof in all time coming, causing sufficient surety to be taken to that effect of those who were accustomed to fish there, and that you give order to the sheriffs, justices of peace and other persons of quality thereabouts whom you shall think fit for that purpose to see the said proclamation put in due execution, signifying to them our great care that nothing be done which may in any way hinder the said intended work of fishing for the general good of all our subjects. Which specially recommending to your care, we bid you farewell. From our court at Oatlands, 31 July 1632.

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Another commission of the tenor above-written wherein the English commissioners are put in the first place without any other change.

Here ends the acts of the convention and all that has passed in the treaty regarding the fishing, James Primrose